Neutral Citation No. - 2025:AHC:22995 Court No. - 76 Case :- WRIT - C No. - 33829 of 2024 Petitioner :- Smt. Menka And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Heera Lal Yadav,Suman Yadav Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the record. 2. The petitioners' case is that the petitioner no.1 has solemnized her marriage with petitioner no. 2 and they are living as husband and wife against the wishes of their respective parents, therefore, apprehend threat to their lives by them. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives. 3. Per contra, learned A.G.A. submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The applicant must prove a legal right to the performance of this duty at the time of the petition. 4. Admittedly, the petitioner no.2- Avanish Kumar is already married to one Smt. Shiv Kumari on 21.05.2019, therefore, without obtaining the decree of divorce from his earlier wife, he has no legal right to solemnize marriage with petitioner no.1 and as such no writ under Article 226 would issued in their favour. The instant petition is devoid of merits and is, accordingly, dismissed. Order Date :- 17.2.2025/Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad